SmallGovCon Week In Review: December 4-8, 2017

Posted on December 8, 2017 by Steven Koprince

I am back in the office after a great time at the 2017 National Veterans Small Business Engagement in St. Louis. I was able to see many familiar faces and meet many new ones. A big thanks to everyone who attended my presentation on the nonmanufacturer rule and visited the Koprince Law booth–and most of all, thank you to all the veterans I met for your service and sacrifices.

In this edition of SmallGovCon Week In Review, we take a look at two separate cases where contractors conspired to defraud the government, the Census Bureau is finally able to move forward with preparations for the 2020 Census, the General Services Administration has named its new leader, and much more.

GAO Sustains Protest of “Unduly Restrictive” Solicitation Requirement

Posted on December 8, 2017 by SmallGovConContributor

GAO typically affords agencies wide discretion to establish technical restrictions within solicitations.

In a recent decision, however, GAO confirmed that such discretion is not unbounded. When an agency’s technical restriction is unduly restrictive of competition, the GAO will sustain a bid protest.

GAO: 8(a) Sole-Source Set-Aside Proper Notwithstanding Prior Intent

Posted on December 8, 2017 by SmallGovConContributor

As a general rule, the SBA is prohibited from accepting a solicitation into the 8(a) Business Development Program if the procuring agency previously expressed publicly a clear intent to award the contract as a small business set-aside.

On its face, this restriction seems clear. In practice, it can be anything but—the inquiry usually focuses on whether the agency’s prior intent was definitive enough to count.

In SKC, LLC, B-415151 (Nov. 20, 2017), GAO provided important clarity about this restriction.

VA Considering “Tiered Evaluations” To Address SDVOSB Price Concerns

Posted on December 6, 2017 by Steven Koprince

The VA is considering using so-called “tiered evaluations” to address concerns that SDVOSBs and VOSBs may not always offer “fair and reasonable” pricing, even when two or more veteran-owned companies compete for a contract.

In a session yesterday at the National Veterans Small Business Engagement, a panel of VA acquisition leaders described the potential tiered evaluation process. It’s hard to argue that the VA isn’t entitled to fair and reasonable pricing, but judging from the reaction in the room, some SDVOSBs and VOSBs may wonder whether tiered evaluations are an effort to circumvent Kingdomware.

Economic Dependence Affiliation: A One-Way Street

Posted on December 5, 2017 by SmallGovConContributor

Under the SBA’s economic dependence affiliation rule, two companies can be deemed affiliated when one company is responsible for a large portion of the other company’s revenues over time. But must both companies count one another as affiliates—or does the rule only apply when the recipient’s size is challenged?

A recent SBA Office of Hearings and Appeals case answers these questions: when a company is economically dependent upon another company, it is affiliated with the company on which it depends, but the opposite is not true. In other words, economic dependence affiliation is a one-way street.

PPQs Submitted Late? “No Problem,” Says GAO–At Least In One Case

Posted on December 1, 2017 by SmallGovConContributor

While being fashionably late to a party may give the impression that one is a busy and popular person that was held up with other business, being fashionably late in federal contracting will typically have dire consequences.

However, a recent GAO bid protest decision demonstrates that when providing completed past performance questionnaires, or PPQs, being fashionably late may be acceptable – at least when the references were submitted directly by government officials, rather than the offeror.

SmallGovCon Weeks In Review: November 20-December 1, 2017

Posted on December 1, 2017 by Steven Koprince

As we step into December, I am looking forward the 2017 National Veterans Small Business Engagement conference next week. The NVSBE is one of my favorite annual government contracting events. If you’ll be in St. Louis next week, please stop by the Koprince Law LLC booth to say hello.

SmallGovCon Week in Review took a break last week for the Thanksgiving holiday, so today’s edition covers government contracting news and notes from the past two weeks. In this edition, several companies have protested the GSA’s recent Alliant 2 awards, two whistleblowers receive a big payout after uncovering procurement fraud, GAO bid protests declined in 2017 (while the effectiveness rate of protests went up), and much more.